Texas has passed a malpractice bill giving $250,000 cap per
defendant on non-economic damages and a $750,000 cap for all defendants.
The constitutional amendment passed by a 51-49 percent vote.

In Maryland, tort reform is coming to the legislature.
This bill would cap non-economic damages and attorney's fees, as they are in
California. Top

Specialty Hospitals

The Ohio specialty legislation is in trouble. The key
legislator is asking for a compromise. He will not back the hospital
position of prohibiting physicians from referring patients to specialty
hospitals they own. He states they need time to study the potential
problem and not just believe the hospitals or physicians. This
fact-finding commission would be part of four other prongs. They are (1) a
two year prohibition on referring patients to hospitals which they partially
own, (2) this prohibition would not refer to any specialty now up or any that
file notices of intent by September 26, (3) A two year moratorium on building
new for-profit or non-profit specialty hospitals except if done on existing
campuses, and (4) a two year prohibition on hospitals denying credentials to
those physicians who have invested in specialty hospitals. Both sides are
not happy with the proposed
compromise.

In Georgia, a new committee controlled by the hospital association,
is looking into the stopping of independent surgical centers.
Top

California Nurse Staffing

The legislature continues to frustrate the Nursing labor
union by refusing to punish hospitals who fail to put in the punitive staffing
requirements. The only punishment now is a $50 per day fine. The
union wanted a $5000 per day fine that would be sure to close hospital
beds.

In another bill that passed and was signed by the Governor,
it is now against the law for people to loiter in a hospital birthing center or
maternity ward. This is to help prevent baby kidnappers.

The potentially soon to be ex-governor has been very busy
signing bills before the October 7 recall vote. Some of the other health
related bills he signed were AB 236 that forbids any person registered as a sex
offender from being licensed as a physician in California. SB 151 removes
Schedule II drugs from triplicate but there will be a new form devised for these
drugs which of course will need to be purchased by the physicians. There
were about 20 others, all initiated by the legislative Democrats, who are the
basic cause of the expensive recall vote. Top

Worker Compensation

Florida has changed the payments for physicians doing Worker
compensation. They had in the past lowered the payments to physicians so
the experienced physicians dropped out of the program. They are now
looking at the error of their ways and have passed a bill increasing fees to
110% of Medicare for medical services and 140% of Medicare for surgical
fees. They hope that this will draw back the experienced physicians to the
fold. The law also states that the physicians in the program must be up to
date on levels of employability, length of disability, functional capacity evals
and appropriateness of modified duty. The reason for all this is that a
California study has shown that experienced physicians can treat more cases and
a lower price. Top

Medical Marijuana

The San Diego city council has voted 6-3 to provide ID cards
for those using medical marijuana. They could have in possession one pound
and grow 24 plants. Caregivers could have up to two pounds and grow 48
plants for up to four patients. The marijuana must be grown inside a
locked area. The police are told to only detain holders of the cards long
enough to verify and not to confiscate any of the plants. The police
support the measure. The FDA representative stated that " There
is no medical use for marijuana, period." He is wrong,
period. Top

DISCLAIMER: Although this article is updated
periodically, it reflects the author's point of view at the time of publication.
Nothing in this article constitutes legal advice. Readers should consult with
their own legal counsel before acting on any of the information presented.